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81 Cards in this Set

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common law
getting compensation from person you are suing, started in England and is foundations of english speaking countries
equity = ?
fairness
what do you sue for if not for money?
equity
civil law
doesnt look at the courts first, they draft a code to live by (France) but law has grey areas.
what is the only US state that doesnt have common law?
Lousiana
When does Fed Govt have jurisdiction?
when it is a violation of the constitution
where does the state govt get its power?
police powers for safety and well being of citizens, FDA, Dept. of Defense, Congress, etc.
Explain Heart of Atlanta vs US case
man wanted to segregate his hotel but the Fed Govt disguised it as the power to regulate commerce so people were allowed to stay at that hotel
Plessy vs Ferguson
legal to seperate blacks and whites as long as conditions were equal

"Seperate but Equal"
Bill of Rights
First 10 amendments of the constitution and spell out individual rights against the govt
1st amendment
Free speech, extended to the states but you cannot defame someone
commercial free speech (3 parts)
1) govt interest
2) must advance govt interest
3) must go no further than neccessary
ethics
whats right and wrong.
what is the minimal ethics standard?
the LAW
where do people get ethical standards?
bosses, parents, teachers, friends, TV, your environment, etc..
conciliation court
ppl represent themselves but have jurisdictional limit of $7500
arbitration
alternative way to settle disputes. You go through court proceedings but it is not a real court
arbitrator
independent 3rd party hired to run the court proceedings in arbitration and not employed by the govt
TT = ?
Plaintiff
Triangle = ?
Defendent
litigation
having the right to collect certain amounts and having the right to appeal once in court
mediation
not in court, no judge, having people settle their own dispute
mediator
person who oversees mediation to help both parties settle their ouw dispute out of court
negotiations
Just the 2 parties talking it out amongst themselves, no court or person making final decision
What is the timeline of a court case?
1) Accident occuring
2) Complaint
3)Answer
4)Discovery
5) Trial
6) Appeal??
is an oral complaint valid?
NO, must be written
summon
complaint doc personally delivered to defendent telling who is suing, for what, and the legal theory
answer
response to a summon by defendent
subject matter jurisdiction
jurisdiction based on the subject matter of the situation
counterclaim
lawsuit against plaintiff by defendent after recieving original complaint
discovery
actually finding out the facts for your case and putting together an argument.
Are you able to acquire the other person's case as you are creating your own before actually attending court?
Yes, it is part of discovery
depositions
oral discovery tool to ask questions with attorneys and court reporters present
request for production of documents
forcing the other person to reveal documents like medical records
appeal
having another trial when you think the judge made an error of the law
exclusive federal jurisdiction
cases involving federal crimes, fed anti - trust laws, bankruptcy, patents, etc
federal diversity jurisdiction
when defendant and plaintiff are from different states and the amount in controversy is OVER $75,000
concurrent jurisdiction
cases involving federal questions, and diversity of citizenship causes. basically its the grey area of the law when it could fall under either state or federal jurisdiction
exclusive state jurisdiction
cases of all maters not subject to federal jurisdiction
In Rem jurisdiction
jurisdiction over a "thing", not a person.
Ex) if a contract was breached and a sailboat did not reach its destination that the seller had intended it to, you can only do the court case in Nebraska, T or F?
F. You can either do the court case in NE or the defendant can ask fo have it moved elsewhere
tort
civil wrong that did not come from a contract and seeking compensation for a loss
examples of torts
injuries, breaching a duty, etc...
punitive damages
compensation merely just to punish someone for their civil wrong
what is considered an assault in civil law?
just creating the fear of harmful or offensive contact
Are there intentional torts?
Yes, assault, false imprisonment, emotional distress, wrongful interference, invasion of privacy, appropriation, fraud, defamation
false imprisonment
holding someone longer than a reasonable period if under suspicion Ex) holding a shoplifter too long in questioning can be false imprisonment
INTENTIONAL TORTS:

PAID FAID
privacy, assault, imprisonment, defamation, fraud, appropriation, interference, distress
appropriation
taking something that belongs to someone else

ex) the lady that sued the Sopranos
misrepresentation/fraud
lying about a material fact
defamation
anything SPOKEN or PUBLISHED that inures someones character or good name. The slander has to be said to someone other than the suing party
intangible property
your image, good name, reputation etc...
Pregnant Girl Scout Poster case
the girl scouts of america sued for defamation of their good name
equitable relief
more than just money compensation to make up for the crime
Little Big Funeral Home case
mortician works for small funeral home, but goes into another contract with big funeral hime. (Intentional intereference)
why did little funeral home write a letter to big funeral home showing the contract they already had with the mortician?
because if the big funeral home would have continued with the morticians contract, they would be INTENTIONALLY INTERFERING
what is not considered intentional interference?
you can work for 2 different companies under 2 contracts, you just cannot provide the same services for the companies, they must be different
Student Discount Gas Station case
gas station decides to give discount to students and the other one decides to give a bigger discount with proof that they went to the other one the first time (intentional interference with a business relationship)
Palsgraff Case
guys with firecrackers on train and firecrackers accidentally go off and injures someone far away with a scale falling on a womans head
actual causation (Palsgraff Case)
the event ACTUALLY happened and it was someone's fault
legal causation (Palsgraff case)
approximate cause and duty is only owed to injuries which were reasonably foreseeable
did the palsgraff case have legal or actual causation?
legal causation
causation in fact
act or omission that withoutht the injury would not have occurred
proximate cause
exists when connection between the act and injury is enough to give someone liability
negligence
failing to exercise the standard of care a reasonable person would exute
Duty of Care
duty of all ppl to ask reasonably otherwise they have committed a tort
what are a persons Duties of Care?
1) be attentive
2) aware of environment
3)careful
4) concientious
5) even tempered
6) honest
mcdonalds coffee case
old woman spilled hot coffee on herself and sued mcdonalds for no caution thing on their coffee cups
strict liability
person may be held liable no matter how careful and reasonable you try and act. Dangerous activity, dangerous animals, and defective products
dangerous activity
Strict liability that includes activites like demolition. they dont need to prove negligence, just that it happened
dangerous animals
strict liability that says you dont have to prove you were negligent to make the animal dangerous, just that it injured someone
defective products
products not meeting the standard they are held up to
Uniform Commercial Code
part of warranties and is a large set of laws that covers most of what happens in business
Article 2 = sale of goods
Article 2A = lease of goods
good
something that is tangible AND moveable (not a building)
warranty of title
seller warrants that they have to right the title and the right to pass over the title to the buyer
expressed warranty
written in the contract. a sellers oral or written promise of the true description of the quality and performance of the good being sold
implied warranty
law imposes a warranty by implications and circumstances, you dont have to agree to it, it is just implied by the law in the agreement
merchantability
implied warranty that arises in every sale of good sold by a merchant and that the good are being sold, reasonably fit the purpose for being sold, good packaging, and are good quality
fitness of a particular purpose
warranty implied on any seller who knows the buyer is relying on his expert skill and judgement to select suitable goods that fit a particular purpose for the buyer
Mr. EverReady case (fitness of a particualy purpose)
lady bought a bull to breed other cows from a seller who knew the bull couldnt breed. lady sued for fitness of particular purpose)
must a injury be caused by a product for product liablilty?
yes, it is necessary